In an era marked by increased scrutiny of labor rights and immigration laws, it’s alarming to note instances where migrant workers are continually exploited. Recent class-action lawsuits have shed light on the recurring labor abuses migrant workers—especially TN visa holders—face while working in the United States.
TN visas, created under the North American Free Trade Agreement (NAFTA) and continued under the United States-Mexico-Canada Agreement (USMCA), offer Canadian and Mexican professionals opportunities to work in the U.S. However, they have also become an avenue for labor exploitation, due to the specific rules and requirements attached to them. Migrant workers are often forced to endure unjust working conditions for fear of dismissal, which would jeopardize their immigration status.
A class-action lawsuit against Kentucky-based hemp company, Elemental Processing, LLC, filed in July 2021, highlights these abuses. According to the lawsuit, the company underpaid its TN visa workers and denied them the minimum wage, rest breaks, and overtime compensation. This case underscores the widespread issue of labor rights violations among migrant workers and calls for effective action to safeguard their rights.
The United States Department of Labor (DOL) and the Wage and Hour Division (WHD) are principally responsible for dealing with violations pertaining to wages and work hours. In response to increasing labor rights violations, these organizations should be more proactive in addressing wage theft, particularly within industries reliant on migrant labor.
Unfortunately, migrant workers subjected to wage theft often remain silent due to fear of retaliation and the potential risk to their visa status. Therefore, advocates and attorneys should push for stronger protections against retaliation for workers who report wage theft, to protect workers’ rights and hold erring employers accountable.
In summary, while the TN visa program has been beneficial for many employers and foreign professionals, it’s clear that there is room for improvement in terms of labor rights and protection for migrant workers. Employers must understand and uphold workers’ rights, and government agencies should take proactive steps to protect migrant workers against wage theft and retaliation.
Recognizing and addressing these abuses are crucial steps toward enhancing labor rights protections and achieving justice for migrant workers in the United States. Our consolidated efforts as legal professionals, advocates, and policy-makers can lead to significant changes that align with our international responsibility to safeguard the rights and welfare of all workers.
(Source: “Class Action Lawsuits Shine Light on Labor Abuses of Migrant Workers on TN Visas” Immigration Impact. https://immigrationimpact.com/2024/07/25/class-action-lawsuits-labor-abuses-migrant-workers-on-tn-visas/)
